Wednesday, January 20, 2016

Jewish Civil Disobedience, part 1: when do we cross the line?

Shifra and puah are my heroes
Transform course of history radically, through basic decency
Model for jewish civil disobedience, the faith that people being good, standing up to tyrants, can overpower them

Gandhi: He who resorts to civil disobedience obeys the laws of the state to which he belongs, not out of fear of sanctions, but because he considers them to be good for the welfare of society. But there come occasions, generally rare, when he considers certain laws to be so unjust as to render obedience to them a dishonor. He then openly and civilly breaks them and quietly suffers the penalty for their breach
Reading about shifra and puah in light of recent events makes me wonder:
Where is the line between non-violence/not committing crimes, and complacency?
Where is the line between speaking up and resisting, and criminality?

Danger of Criminality
The line to criminality has been crossed, recently, by BLM protesters destroying stores—ironlically, black owned stores-in race riots.

On Thursday evening, Nov. 12, a large demonstration by members of the Dartmouth and Upper Valley communities culminated in a moment of silence in front of Dartmouth Hall,” Mr. Hanlon wrote in an email sent to the Dartmouth community on Monday, The Tab Dartmouth reported. “This demonstration was a powerful expression of unity in support of social justice — Dartmouth at its strongest. I cannot say the same about events that transpired in Baker Library immediately afterward. I have heard reports of vulgar epithets, personal insults, and intimidating actions used both by students who entered the library and students who were already in the library.
Apparently: white students were pushed and shoved by the group during their Nov. 12 demonstration. some students studying in the Baker-Berry Library were yelled at, insulted and driven to tears.

In rockdale temple here in cincinnati, black rioters smashed the luchot during the race riots of the 60's; you can see the broken tablets in their lobby.

Halacha: law of the land is the law
-follow law and even pray for the governing authority
-only applies to just civil laws,
by proper authorities-i.e. the ones who mint the coine,
-only applies to laws which do not violate torah
What’s left?
Rambam: taxation & currency regulation
In general: halachic obligation to follow laws
Pay taxes, follow speed limit, don’t counterfeit money

Greatest danger: in protesting something unethical, I become unethical
Tzedek tzedek tirdof
never allowed to harm another person, even during a protest
While it is clear that Jewish law and tradition have a positive attitude towards protest and civil disobedience, it is equally clear that such activities must be non-violent in nature. This is because one Jew is not allowed to strike or injure another Jew. When Moses sees one Jew striking another in Egypt (Exodus 1:13), he says "Rasha, why do you hit your fellow!" and the Midrash comments: "Rabbi Yitzhak said: from this you learn that whoever hits his fellowman is called a wicked."
- Ginzey Schechter, Vol. I, p. 114.

Arthur waskow: the only violent protest is done by god (10 commandments). Most active jews get is going house to house requesting reparations

Palestinians try to justify suicide bombiongs: “it’s your fault for pushing us into a corner, that’s why we have to resort to unethical means
Unethical means always ruin the justice of one’s cause

But there are Situations when Obligated to break the law
Kiddush hashem: don’t break 3 biggies
In public: don’t break any halachot

So if a law requires us to violate halacha, we don’t simply say it’s the law of the land-

Midwives: not only did not comply, went directly against pharoah’s order
Ibn Ezra on 1:12-jews broke law by continuing to have children (nb midrash on amram)
V 17: tichiyena-rashi: fed them; sforno: gave them medical advice
V 19-20-lied to pharaoh; hizkuni-he apparently believed them
Willing to pay the price: v 12 batim
Rashi: lineage of levites, cohanim & kings; Hizkuni: house arrest

interesting cases in Israel: noncompliance with oppressive orthodoxy:
Article about illegal marriages
Also women of the wall smuggling a torah?
Does “law of the land is the law” apply here?—no-unjust, oppressive laws

Israeli army: built into code:
Purity of Arms – The IDF servicemen and women will use their weapons and force only for the purpose of their mission, only to the necessary extent and will maintain their humanity even during combat. IDF soldiers will not use their weapons and force to harm human beings who are not combatants or prisoners of war, and will do all in their power to avoid causing harm to their lives, bodies, dignity and property.

Discipline: IDF soldiers will be meticulous in giving only lawful orders, and shall refrain from obeying blatantly illegal orders.
Descent into chaos? (cf kim davis-wedding registrar in ky)
Reservists who refused to serve in west bank
Better to have that level of chaos than a tyrannical system with evil results
Perhaps a certain amount of chaos is good for the moral fabric of the world

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